Prohibits the exclusion of otherwise admissible evidence based on a violation of the Constitution of the State of Indiana, the Constitution of the United States, or the laws of the United States or Indiana unless certain conditions apply. Provides that an appeal from a court's order excluding evidence may be taken directly to the supreme court.
Defines "aggravated child molesting". Provides that the state may seek either a death sentence or a sentence of life imprisonment without parole for a person convicted of aggravated child molesting. Provides requirements for a jury or court to impose either a death sentence or a sentence of life imprisonment without parole. Makes conforming changes.
HB 1249 changes juvenile court jurisdiction by adding "unlawful carrying of a handgun charged as a felony" to the list of offenses where juvenile courts cannot handle cases. This means juveniles facing felony handgun charges would be processed in adult court instead of juvenile court. The bill directly affects young people under 18 charged with this specific weapon-related offense. It modifies existing law by expanding the category of serious crimes excluded from juvenile court jurisdiction, requiring such cases to move to adult criminal court proceedings. The bill passed the House unanimously (74-18) and is now before the Senate Committee on Corrections and Criminal Law.
Makes a person who commits an offense that results in serious bodily injury or death to a law enforcement officer a sex or violent offender. Prohibits a court from considering time spent by the defendant in pretrial detention or home detention or on work release when determining the sentence for a crime that resulted in serious bodily injury or death to a law enforcement officer. Makes it a sentencing aggravator if an offense results in serious bodily injury or death to a law enforcement officer. Provides that a person charged with an offense that resulted in serious bodily injury or death to a law enforcement officer may only be released on cash bail.
Provides that offenses other than murder are not bailable if the state proves: (1) by a preponderance of the evidence that the proof is evident or the presumption strong; and (2) by clear and convincing evidence that the arrestee is dangerous and that no conditions of release will reasonably protect the safety of other persons or the community. Establishes procedures for a bail hearing. Removes duplicative provisions concerning repeat violent arrestees. Permits a court to retain cash bail for the payment of certain costs without an indigency hearing if the defendant has executed an agreement permitting the court to retain the cash bail for these purposes.
Creates the crime of excessive speeding, a Class C misdemeanor. Provides that the offense is a Class B misdemeanor if the person has a prior unrelated conviction and provides that two convictions within five years shall result in the court's recommendation for immediate suspension of driving privileges. Provides that a sentencing court shall impose a fine of $5,000 and recommend the suspension of driving privileges for six months for a person convicted of resisting law enforcement using a vehicle. Provides that a sentencing court shall impose a fine of $10,000 and recommend the suspension of driving privileges for one year if a person uses a vehicle to commit the offense and the person has a prior unrelated conviction.
Provides that the law enforcement training board (board) shall select an executive director to serve at the pleasure of the board. Provides that a person confined to a county jail may be required to make a copayment in an amount of not more than $30 (current law is $15). Provides that a person confined to a county jail is not required to make a certain copayment if, among other things, the person does not have funds in the person's commissary account or trust account within 180 days after the service is provided (current law is 60 days). Provides that a correctional professional is considered a public safety officer for purposes of determining eligibility for line of duty death benefits. (Current law provides that a correctional officer is considered a public safety officer for determining eligibility for line of duty death benefits.) Provides a process for certain sex and sex or violent offenders to submit certain information to the department of correction (department) regarding sex offender status in other states or jurisdictions. Provides that a person who is a: (1) sex offender; or (2) sex or violent offender; shall register for the period required by another jurisdiction or the period in Indiana, whichever is longer. Repeals the integrated public safety commission. Establishes the Indiana department of emergency communications. Changes the name of the "integrated public safety communications fund" to the "emergency communications fund". Provides that if: (1) the department releases a child who is a ward of the department; and (2) the child is less than 18 years of age; the department's wardship of the child ends. Provides that if a child who is a ward of the department is released and no parent or guardian allows the child to live with them, the department must immediately notify a certain court that the child needs to be a ward of the department of child services. Provides that the department is not required to send certain notices sent by offenders within the jurisdiction of the department by registered or certified mail. Makes it a Class B misdemeanor for a person to knowingly or intentionally possess an imitation firearm: (1) in or on school property; or (2) on a school bus. Provides that the department of emergency communications shall issue a request for proposals (RFP) for the purchase, or before issuing a change order, of any communications systems and equipment by the department that may be made available to public safety agencies. Provides that the communications equipment must be compatible with existing communications equipment used by public safety agencies. Provides that proposals shall be evaluated and awarded on a competitive basis using a scoring rubric established by the department. Makes conforming changes.
Prohibits an individual from camping, sleeping, or using for long term shelter land owned by the state or a political subdivision, unless the land has been authorized for that use by law. Provides, if certain elements are met, that a person who knowingly or intentionally uses land owned by the state or a political subdivision for unauthorized camping, sleeping, or long term shelter commits a Class C misdemeanor. Allows an individual to be referred to a problem solving court program for a violation. Prohibits a political subdivision from adopting or enforcing any policy that prohibits or discourages the enforcement of any order or ordinance prohibiting public camping, sleeping, or other obstruction of a sidewalk. Authorizes a resident of the political subdivision, an owner of a business located in the political subdivision, or the attorney general to bring a civil action to enjoin a political subdivision that adopts or enforces such a policy.
Provides that if a person has one prior OWI conviction, the court shall order that the person be imprisoned for at least 10 days or perform community service, and if a person has two prior OWI convictions, the court shall order that the person be imprisoned for at least 20 days or perform community service. Provides that a person receives good time credit while serving a sentence imposed under this statute (under current law, a person does not receive good time credit).Provides that this statute does not increase the maximum sentence for the offense as provided by either IC 35-50-2 or IC 35-50-3. Specifies that "vehicle", for purposes of the crime of operating while intoxicated, includes a watercraft, and repeals the separate crime of operating a motorboat while intoxicated. Provides that an initial hearing may be waived and allows a person to apply for a specialized driving privilege after an initial hearing. Adds operating while intoxicated due to use of a controlled substance to the habitual traffic violator statute. Authorizes the use of a roadside chemical test under certain circumstances. Specifies that ignition interlock devices may only be used when the underlying offense is operating while intoxicated resulting from the use of alcohol. Makes certain provisions concerning pretrial administrative suspension of driving privileges discretionary with the court.Provides that the budget director shall review and determine before December 31, 2026, whether federal highway administration funding to the state will or will not be reduced due to the amendment of provisions concerning administrative suspension of driving privileges. Requires the budget director to notify the budget committee of the determination and those provisions may not be implemented until after budget committee review. Makes conforming amendments.
Adds felony unlawful possession of a firearm by a child to the list of crimes for which a juvenile court shall, upon motion of the prosecuting attorney, waive jurisdiction under certain circumstances. Removes certain crimes concerning children and firearms from the list of crimes in which a juvenile court does not have jurisdiction for an alleged violation. Removes language in the unlawful carrying of a handgun statute prohibiting a person less than 18 years of age from carrying a handgun. Provides that the unlawful carrying of a handgun statute applies to a person who has been adjudicated as a delinquent child under the statute, and is at least 18 years of age but less than 23 years of age. Renames the "dangerous possession of a firearm" crime to "unlawful possession of a firearm by a child" and provides that the enhanced penalty applies if the offense was committed: (1) on or in school property; (2) within 500 feet of school property; or (3) on a school bus. Removes the reckless mens rea for unlawful possession of a firearm by a child. Makes technical changes.
